In every business relationship there is the potential for conflict over contractual agreements or business operations. When such conflicts arise, there is no need to incur the onerous expense and delays involved in traditional litigation. There are readily available alternative dispute resolution procedures that will enable you to resolve your disputes relatively quickly, fairly and cost-effectively.

Resolving international disputes demands special skills, experience and cultural sensitivity. That’s why thousands of attorneys and their clients turn to JAMS. We are a recognized leader in cross-border mediations and arbitrations, with resources wherever you or your clients do business.

Colleges and universities need to manage, resolve and prevent conflict. As a worldwide leader in dispute resolution, JAMS is singularly qualified to provide a comprehensive range of unique and effective solutions for problems facing students, faculty and administration.

The JAMS ADR blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.

International commercial arbitration is one of the fastest-growing practices at JAMS. With industry leading rules, JAMS is praised for a highly experienced panel with specialties in many key areas, multilingual case management capabilities, and unparalleled service. JAMS specializes in the resolution of international disputes and is one of the largest providers of commercial arbitration in the world.

Biography

Hon. Stanley F. Birch, Jr. (Ret.) served as a United States Circuit Judge on the Eleventh Circuit Court of Appeals for over 20 years. During that time Judge Birch authored over 3,000 opinions for the court and participated in over 11,000 opinions as a panel member. Prior to service on the court, Judge Birch was an active trial attorney in private practice focusing on intellectual property and tax matters. Judge Birch’s book, A Unified Theory of Copyright, co-authored with Professor L. Ray Patterson, was published in 2009. In addition to his extensive mediation and arbitration experience as a JAMS Neutral, Judge Birch has also heard a number of mock oral arguments, has been appointed as a Special Master by state and federal courts, and has appeared as an expert witness on United States law (both state and federal) before tribunals in London, Oslo, Singapore, Munich and Toronto.

ADR Experience and Qualifications

Registered neutral with the Georgia Office of Dispute Resolution

Instrumental in establishing the mediation office at the United States Court of Appeals for the Eleventh Circuit

Participated in the resolution of hundreds of civil disputes as reflected in the areas of law indicated below

Was a frequent advocate in commercial and securities law arbitrations while in private practice

Has heard hundreds of oral arguments before the Eleventh Circuit and has participated in numerous law school moot courts

Representative Matters

Judge Birch authored the following representative Eleventh Circuit opinions in the areas of law indicated.

Recognized by Best Lawyers as one of the Best Lawyers in America for ADR, 2016-2019

Recipient, Intellectual Property Legends Award, presented by the Georgia Institute of Technology, the Georgia State University Colleges of Business and Law, the Georgia Research Alliance, and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association, 2009

Recipient, Leadership Award, Atlanta Bar Association, 2008

Distinguished Alumnus of Calvert Hall (Baltimore) and The Emory University Law School, 2002

Fellow, Academy of Court-Appointed Special Masters

Fellow, Georgia Bar Foundation

Member, State Bar of Georgia, the Atlanta Bar Association, the Gainesville-Northeastern Bar Association, the Old Warhorse Lawyers Club, and the Lawyers Club of Atlanta

Member, Georgia Supreme Court Indigent Defense Commission, 2000-2002

Former member, Board of Governors of the State Bar of Georgia, of the Board of Directors of the Georgia Legal Services Program, and of the Board of Directors of the Federal Defender Program for the Northern District of Georgia

Frequent speaker, including at the 36th Annual Donald C. Brace Lecture on the law of copyright, New York University School of Law, November 2006

Board of Directors, Original Appalachian Artworks, Inc. (owner and licensor of The Cabbage Patch Kids® copyrights and trademarks), 1979-1988

LL.M, Master of Law in Taxation, Emory University School of Law, 1976

Law Clerk, Chief Judge Sidney O. Smith, Jr., U.S. District Court Northern District of Georgia, 1972-1974

First Lieutenant, United States Army, 1970-1972 (Vietnam service, 5th Special Forces)

J.D., Emory University School of Law, 1970

B.A., University of Virginia, 1967

Counsel Comments

“I give him high marks for legal ability.”

“He is a bright man with a comprehensive knowledge of the law.”

“He treats all with respect.”

- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010

As to Judge Birch’s legal ability. “He is smart. I give him high marks for legal ability. He's a really good judge.” “He is very bright and knows the law.” “He has a very high level of legal ability.” “He is a very smart man, and an even smarter judge.” “He is an extremely bright man. He understands the practical side of being a lawyer.” “He is reasonably intelligent, with above average legal skills. He is a very good judge.” “He is extremely smart.” “He is a bright man with a comprehensive knowledge of the law.”

- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010

As to Judge Birch’s courtroom demeanor. “His courtroom demeanor could not be better. He treats all with respect. Be prepared and follow all the rules.” “He has a good courtroom demeanor.” “He has the perfect decorum in the courtroom. He is a formal presence on a panel. He is nice and gets along well with lawyers.” “He is very formal on the bench. He has a good relationship with lawyers, but do not ever try and fool him.” “He is very congenial and not at all mean spirited.” “He is engaging and polite.” “He is courteous and has a good sense of humor.” “He is a jovial man.” “He has a perfect courtroom demeanor.” “He knows how to treat people.”

- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010

As to Judge Birch’s style of questioning. “He stays on point in questioning and is very active. I am pleased with his grasp of cases and am always glad to see him on my panel.” “He likes to engage lawyers in legal banter. Know your case and treat the panel with respect. His questions are on the record and the law and he is active in his approach.” “He is not pushy at all. He asks very direct questions to which he expects answers in a non-evasive manner. His questions are always factual.” “Do not ever try and be evasive with him. Be prepared and know the law. His questions are always on the record and the law and he is active.” “He asks a lot of questions, all on the facts. He has a good time with legal banter with lawyers. He asks the right questions.” “Be prepared and know your case. He is never a trailblazer in his position. His questions go wherever he feels they have to. He is fairly active.” “He treats lawyers very fairly. Be overly prepared, he knows your case better than you know it. He is active and asks questions that are on point.” “If you take an unreasonable position he might browbeat you. He is result-oriented and has his mind made up going in. He is very active.” - Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010

As to Judge Birch’s written opinions. “He writes good opinions in a scholarly manner.” “His opinions are succinct and well versed.” “He writes very conservative opinions.” “He issues well reasoned, scholarly opinions.” “His written opinions are right on the money.” “He writes opinions that stay on point and are not overly verbose.”

- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010

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